a · gloria a. barrios supervising deputy ... integrated writing representing the complete, final,...

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

PRISCILLA REESE 1051 Harbor Heights Drive #C Harbor City, CA 90710

Pharmacy Technician License No. TCH 12265 Respondent.

Case No. 3664

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Board of Pharmacy, Department of Consumer Affairs, as its Decision in this matter.

This decision shall become effective on January 7, 2011.

It is so ORDERED on December 8, 2010.

BOARD OF PHARMACY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

A {. By

STANLEY C. WEISSER Board President

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EDMUND G. BRO\VN JR. Attorney General of California GLORIA A. BARRIOS Supervising Deputy Attorney General M. TRAVIS PEERY Deputy Attorney General State BarNo. 261887

300 So. Spling Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-0962 Facsimile: (213) 897-2804·

Attorneys for Complainant

BEFORE THE BOARD OF PHARMACY

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA



Pharmacy Technician Registration No. TCH 12265

Respondent.

Case No. 3664

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

entitled proceedings that the following matters are true:

PARTIES

1. Virginia Herold (Complainant) is the Executive Officer of the Board ofPhannacy.

She brought this action solely in her official capacity and is represented in this matter by Edmund

G. Brown Jr., Attorney General ofthe State of Califomia, by M. Travis Peery, Deputy Attorney

General. .

2. Respondent Priscilla Reese (Respondent) is representing herself in this proceeding

and has chosen not to exercise her right to be represented by counsel.

3. On or about March 18, 1994, the Board of Pharmacy issued Pharmacy Technician

Registration No. TCH 12265 to Priscilla Reese (Respondent). The Pharmacy Technician

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STIPULATED SETTLEMENT (3664)

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Registration was in full force and effect at all times relevant to the charges brought in Accusation

No. 3664 and will expire on June 30,2011, unless renewed.

JURISDICTION

4. Accusation No. 3664 was filed before the Board ofPharmacy (Board) , Department

of Consumer Affairs, and is currently pending against Respondent. The Accusation and all other

statutorily required documents were properly served on Respondent on July 8, 2010. Respondent

timely filed her Notice of Defense contesting the Accusation. A copy of Accusation No. 3664 is

attached as exhibit Aand incorporated herein by reference.

ADVISEMENT AND WAIVERS

5. Respondent has carefully read, and understands the charges and allegations in

Accusation No. 3664. Respondent has also carefully read, and understands the effects of this

Stipulated Settlement and Disciplinary Order. .

6. Respondent is fully aware of her legal rights in this matter, including the right to a

hearing on the charges and allegations in the Accusation; the right to be represented by counsel at

her own expense; the right to confront and cross-examine the witnesses against her; the right to

present evidence and to testify on her own behalf; the right to the issuance of subpoenas to

compel the attendance of witnesses and the production of documents; the right to reconsideration

and court review ofan adverse decision; and all other rights accorded by the Califomia

Administrative Procedure Act and other applicable laws.

7. Respondent voluntarily, knowingly, and intelligently waives and gives up each and

every right set forth above.

CULPABILITY

8. Respondent admits the truth of each and every charge and allegation in Accusation

No. 3664.

9. Respondent agrees that her Phannacy Teclmician Registration is subject to discipline

and she agrees to be bound by the Board ofPhannacy"(Board)'s imposition of discipline as set

forth in the Disciplinary Order below.

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CONTINGENCY

10. This stipulation shall be subject to approval by the Board of Pharmacy. Respondent

understands and agrees that counsel for Complainant and the staff of the Board ofPharrnacy may

'communicate directly with the Board regarding this stipulation and settlement, without notice to

or participation by Respondent. By signing the stipulation, Respondent understands and agrees

that she may not withdraw her agreement or seek to rescind the stipulation prior to the time the

Board considers and acts upon it. If the Board fails to adopt this stipulation as its Decision and

Order, the Stipulated Settlement and Disciplinary Order shall be ofno force or effect, except for

this paragraph, it shall be inadmissible in any legal action between the parties, and the Board shall

not be disqualified from further action by having considered this matter.

11. The parties understand and agree that facsimile copies of this Stipulated Settlement

and Disciplinary Order, induding facsimile signatures thereto, shall have the same force and

effect as the originals.

12. This Stipulated Settlement and Disciplinary Order is intended by the parties to be an

integrated writing representing the complete, final, and exclusive embodiment of their agreement.

It supersedes any and all prior or contemporaneous agreements, understandings, discussions,

negotiations, and commitments (written or oral). This Stipulated Settlement and Disciplinary

Order may not be altered, amended, modified, supplemented, or otherwise changed except by a

writing executed by an authorized representative of each of the parties.

13. In consideration of the foregoing admissions and stipulations, the parties agree that

the Board may, without further notice or fonnal proceeding, issue and enter the following

Disciplinary Order:

DISCIPLINARY ORDER

IT IS HEREBY ORDERED that Phannacy Teclmiciari Registration No. TCH 12265 issued

to Respondent Priscilla Reese (Respondent) is revoked. However, the revocation is stayed and

Respondent is placed on.probation for three (3) years on the following terms and conditions.

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1. Certification Prior to Resuming Work

Respondent shall be automatically suspended from working as a pharmacy technician until

she is certified as defined by Business and Professions Code section 4202( a)( 4) and provides

satisfactory proof of cClrtification to the board. Respondent shall not resume working as a

pharmacy technician until notified by the board. Failure to achieve certification within one (1)

year shall be considered a violation of probation. Respondent shall not resume working as a

l?hannacy teclmician until notified by the board.

During suspension, respondent shall not enter any phannacy area or any portion of any

other board licensed premises (wholesaler, veterin:ary food-animal drug retailer or any other

distributor of drugs) any drug manufacturer, or any other location where dangerous drugs and

devices or controlled substances are maintained. Respondent shall not do any act involving drug

selection, selection of stock, manufacturing, compounding or dispensing; nor shall respondent

manage, administer,or assist any licensee of the board. Respondent shall not have access to or

control the ordering, manufacturing or dispensing of dangerous drugs and devices or controlled

substances. Respondent shall not resume work until notified by the board.

Subject to the above restrictions, respondent may continue to own or hold an interest in any

licensed premises by the board in which she holds an interest at the time this decision becomes

effective unless otherwise specified in this order.

Failure to comply with this suspension shall be considered a violation of probation.

2. Obey All Laws

Respondent shall obey all state and federal laws and regulations.

Respondent shall report any of the following occurrences to the board, in writing, within

seventy-two (72) hours of such occurrence:

o an arrest or issuance of a criminal complaint for violation of any p'rovision of the

Phannacy Law, state and federal food and drug laws, or state and federal controlled

substances laws

o a plea of guilty or nolo contendre in any state or federal criminal proceeding to any

criminal complaint, information or indictment

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o a conviction of any crime

o discipline, citation, or other administrative action filed by any state or federal agency

which involves respondent's Phannacy Technician Registration or which is related to

the practice ofphannacy or the manufacturing, obtaining, handling, distributing,

billing, or charging for any dmg, device or controlled substance.

Failure to timely report any such occurrence shall be considered a violation ofprobation.

3. Report to the Board

Respondent shall report to the board quarterly, on a schedule as directed by the board or its

designee. The report shall be made either in person or in writing, as directed. Among other

requirements, respondent shall state in each report under penalty ofperjury whether there has

been compliance with all the tenns and conditions of probation. Failure to submit timely reports

in a form as directed shall be considered a violation of probation. iilly period(s) of delinquency

in submission of reports as directed may be added to the total period ofprobation. Moreover, if

the final probation report is not made as directed, probation shall be automatically extended until

such time as the final report is made and accepted by the board.

4. Interview with the Board

Upon receipt of reasonable prior notice, respondent shall appear in person for interviews

with the board or its designee, at such intervals and locations as ate detennined by the board or its

designee. Failure to appear for any scheduled interview without prior notification to board staff,

or failure to appear at two (2) or more scheduled interviews with the board or its designee during

the period of probation, shall be considered a violation of probation.

5. Cooperate with Board Staff

Respondent shall cooperate with the board's inspection program and with the board's

monitoring and investigation of respondent's compliance with the tenns and conditions of her

probation. Failure to cooperate shall be considered a violation of probation.

6. Notice to Employers

During the period of probation, respondent shall notify all present and prospective

employers of the decision in case number 3664 and the terms, conditions and restrictions imposed

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on respondent by the decision, as follows:

Within thirty (30) days of the effective date ofthis decision, and within fifteen (15) days of

respondent undertaking any new employment, respondent shall cause her direct supervisor,

phannacist-in-charge (including each new pharmacist-in-charge employed during respondent1s

tenure of employment) and owner to report to the board in writing acknowledging that the listed

individual(s) haslhave read the decision in case number 3664 and the tenns and conditions

imposed thereby. It shall be respondent's responsibility to ensure that her employer(s) and/or

supervisor(s) submit timely acknowledgement(s) to the board.

If respondent works for or is employed by or through a pharmacy employment service,

respondent must notify her direct supervisor, pharmacist-in-charge and owner at every pharmacy

ofthe tenns and conditions of the decision in case number 3664 in advance of the respondent

commencing work at each pharmacy. A record of this notificatioJ;l must be provided to theboard

upon request.

Furthermore, within thirty (30) days of the effective date ofthis decision, and within fifteen

(15) days of respondent undertaking any new employment by or through a pharmacy employment

service, respondent shall cause her direct supervisor with the pharmacy employment service to

report to the board in writing acknowledging that she has read the decision in case number 3664

and the terms and conditions imposed thereby. It shall be respondent's responsibility to ensure

that her employer(s) and/or supervisor(s) submit timely acknowledgment(s) to the board.

Failure to timely notify present or prospective employer(s) or to cause that/those

employer(s) to submit timely acknowledgements to the board shall be considered a violation of

probation.

"Employment" within the meaning of this provision shall include any full-time,

part-time, temporary or relief service or phannacy management service as a phannacy

technician or in any position for which a phannacy technician license is a requirement

or criterion for employment, whether the respondent is considered an employee,

independent contractor or volunteer.

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7. Reimbursement of Board Costs

As a condition precedent to successful completion ofprobation, respondent shall pay to the

board its costs of investigation and prosecution in the amount of $3 ,812.50. Failure to pay costs

by the deadline(s) as directed shall be considered a violation ofprobation...<

The filing ofbankruptcy by respondent shall not relieve respondent of her responsibility to

reimburse the board its costs of investigation and prosecution.

8. Probation Monitoring Costs

Respondent shall pay any costs associated with probation monitoring as determined by the

board each and every year of probation. Such costs shall be payable to the board on a schedule as

directed by the board or its designee. Failure to pay such costs by the deadline(s) as directed shall

be considered a violation of probation.

9.' Status of License

Respondent shall, at all times while on probation, maintain an active, current pharmacy

technician license with the board, including any period during which suspension or probation is

tolled. Failure to maintain an active, cUl7ient license shall be considered a violation of probation.

If respondent's pharmacy technician license expires or is cancelled by operation of law or

otherwise at any time during the period ofprobation, including any extensions thereof due to

tolling or otherwise, upon renewal or reappl,ication respondent's license shall be subject to all

tenns and conditions of this probation not previously satisfied.

10. License Surrender While on Probation/Suspension

Following the effective date of this decision, should respondent cease work due to

retirement or health, or be otherwise unable to satisfy the terms and conditions of probation,

respondent may tender her phannacy technician license to the board for surrender. The board or

its designee shall have the discretion whether to grant the request for surrender or take any other

action it deems appropriate and reasonable. Upon formal acceptance of the surrender of the

license, respondent will no longer be subject to the terms and conditions of probation. This

surrender constitutes a record of discipline and shall become a part of the respondent's license

history with the board.

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Upon acceptance of the surrender, respondent shall relinquish her phannacy technician

license to the board within ten (10) days ofnotification by the board that the surrender is

accepted. Respondent may not reapply for any license, pennit, or registration from the board for

tlu'ee (3) years from the effective date of the 'surrender. Respondent shall meet all requirements

applicable to the license sought as of the date the application for that license is submitted to the

board.

11. Notification of a Change in Name, Residence Address, Mailing Address or Employment

Respondent shall notify the board in writing within ten (10) days of any change of

employment. Said notification shall include the reasons for leaving, the address of the new

employer, the name of the supervisor and owner, and the work schedule if known. Respondent

shall further notify the board in writing within ten (10) days of a change in name, residence

address and mailing address, or phone number.

Failure to timely notify the board of any change in employer(s), name(s), addressees), or

phone number(s) shall be considered a violation of probation.

12. Tolling of Probation

Except during periods of suspension, respondent shall, at all times while on probation, be

employed as a phannacy technician in California for a minimum of fOliy (40) hours per calendar

month. Any month during which this minimum is not met shall toll the period ofprobation, i.e.,

the period of probation shall be extended by one month for each month during which this

lTIinimum is not met. During any such period of tolling of probation, respondent must

nonetheless comply with all tenns and conditions of probation.

Should respondent, regardless of residency, for any reason (including vacation) cease'

working as a phannacy technician for a minimum of forty (40) hours per calendar month in

California, respondent must notify the board in writing within ten (10) days of cessation of work

and must further notify the board in writing within ten (10) days of the resumption of the work.

Any failure to provide such notification(s) shall be considered a violation of probation.

It is a violation of probation for respondent's probation to remain tolled pursuant to the

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provisions of this condition for a total period, counting consecutive and non-consecutive months,

exceeding thirty-six (36) months.

"Cessation ofwork" means ca1e;ndar month duririg which respondent is not

working for at least forty (40) hours as a pharmacy technician, as defined in Business

and Professions Code section 4115. "Resumption of work" means any calendar

month during which respondent is working as aphannacy technician for at least forty

(40) hours as a pharmacy technician as defined by Business and Professions Code

section 4115.

13. Violation of Probation

If a respondent has not complied with any tenn or condition ofprobation, the board shall

have continuing jurisdiction over respondent, and probation shall automatically be extended, until

all terms and conditions have been satisfied or the board has taken other action as deemed

appropriate to treat the failure to comply as a violation of probation, to tenninate probation, and

to impose the penalty that was stayed.

If respondent violates probation in any respect, the board, after giving responde11t notice

and an opportunity to be heard, may revoke probation and carry out the disciplinary order that

was stayed. Notice and opportunity to be heard are not required for those provisions stating that a

violation thereof may lead to automatic tennination of the stay and/or revocation of the license. If

a petition to revoke probation or an accusation is filed against respondent during probation, the

board shall have continuingjUlisdiction, and the period ofprobation shall be automatically

extended until the petition to revoke probation or accusation is heard and decided.

14. Completion of Probation

Upon written notice by the board indicating successful completion of probation,

respondent's pharmacy tec1mician license will be fully restored.

15. No Ownership of Licensed Premises

Respondent shall not own, have any legal or beneficial interest in, or serve as a 111anager,

administrator, member, officer, director, trustee, associate, or partner of any business, finn,

partnership, or corporation currently or hereinafter licensed by the board. Respondent!hall sell

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STIPULATED SETTLEnlENT (3664)

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.

or transfer any legal or beneficial interest in any entity licensed by the board within ninety (90)

days following the effective date of this decision and shall immediately thereafter provide written

proof thereof to the board. Failure to timely divest any legal or beneficial interest(s) or provide

documentation thereof shall be considered a violation of probation.

Respondent shall not acquire any new ownership, legal or beneficial interest nor serve as a

manager, administrator, member, officer, director, tmstee, associate, or partner of any additional

business, finn, partnership, or corporation licensed by the board. If respondent currently owns or

has any legal or beneficial interest in, or serve as a manager, administrator, member, officer,

director, tmstee, associate, or partner of any business, finn, partnership, or corporation currently

or hereinafter licensed by the board, respondent may continue to serve in such capacity or hold

that interest, but only to the extent of that position or interest as of the effective of this decision.

Violation ofthis restriction shall be considered a violation of probation.

16. Attend Substance Abuse Recovery Relapse Prevention and Support Groups

Within thirty (30) days of the effective date ofthis decision, respondent shall begin regular

attendance at a recognized and established substance abuse recovery support group in California,

(e.g., Alcoholics Anonymous, Narcotics Anonymous, etc.) which has been approved by the board

or its designee. Respondent mq.st attend at least one group meeting per week unless otherwise

directed by the board or its designee. Respondent shall continue regular attendance and submit

signed and dated documentation confinning attendance with each quarterly report for the duration

of probation. Failure to attend or submit documentation thereof shall be considered a violation of

probation.

17. Random Drug Screening

Respondent, at her own expense, shall participate in random testing, including but not

limited to biological fluid testing (urine, blood), breathalyzer, hair follicle testing, or other drug

screening program as directed by the board or its designee. Respondent may be required to

participate in testing for the entire probation period and the frequency oftesting will be

determined by the board or its designee. At all times respondent shall fully cooperate with the

board or its designee, and shall, when directed, submit to such tests and samples for the detection

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of alcohol, narcotics, hypnotics, dangerous drugs or other controlled substances as the board or its

designee may direct. Failure to timely submit to testing as directed shall be considered a violation

ofprobation. Upon request of the board or its designee, respondent shall provide documentation

from a licensed practitioner that the prescription for a detected drug was legitimately issued and is

a necessary part of the treatment of the respondent. Failure to timely provide such documentation

shall be considered a violation of probation. Any confirmed positive test for alcohol or for any

drug not lawfully prescribed by a licensed practitioner as part of a documented medical treatment

shall be considered a violation of probation and shall result in the automatic suspension of work

by respondent. Respondent may not resume work as a pharmacy technician until notified by the

board in writing.

During suspension, respondent shall not enter any phannacy area or any portion of or any

other board licensed premises (wholesaler, veterinary food-animal drug retailer or any other

distributor of drugs) any drug manufacturer, or any other location where dangerous drugs and

devices or controlled substances are maintained. Respondent shall not do any.act involving drug

selection, selection of stock, manufacturing, compounding or dispensing; nor shall respondent

manage, administer, or assist any licensee of the board. Respondent shall not have access to or

control the ordering, manufacturing or dispensing cjf dangerous drugs and devices or controlled

substances. Respondent shall not resume work until notified by the board.

Respondent shall not direct, control or perfonn any aspect of the practice of phannacy.

Subject to the above restrictions, respondent may continue to own or hold an interest in any

licensed premises in which she holds an interest at the time this decision becomes effective unless

otherwise specified in this order.

Failure to comply with this suspension shall be considered a violation of probation.

18. Abstain from Drugs and Alcohol Use

Respondent shall completely abstain from the possession or use of alcohol, controlled

substances, dangerous drugs and their associated paraphernalia except when the drugs are

lawfully prescribed by a licensed practitioner as part of a documented medical treatment. Upon

request of the board or its designee, respondent shall provide documentation from the licensed

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practitioner that the prescription for the drug was legitimately issued and is a necessary part of the

treatment of the respondent. Failure to timely provide such documentation shall be considered a

violation ofprobation. Respondent shall ensure that she is not in the same physical location as

individuals who are using illicit substances even if respondent is not personally ingesting the

drugs. Any possession or use of alcohol, controlled substances, or their associated paraphernalia

not supported by the documentation timely provided, and/or any physical proximity to persons

using illicit substances, shall be conSIdered a violation ofprobation.

ACCEPTANCE

I have carefully read the Stipulated Settlement and Disciplinary Order. I understand the

stipulation and the effect it will have on my Phannacy Technician Registration. I enter into this

Stipulated Settlement and Disciplinary Order voluntarily, knowingly, and intelligently, and agree

to be bound by the Decision and Order of the Board of Pharmacy.

DATED: PRISCILLA REESE . Respondent

ENDORSEMENT

The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Board of Pharmacy of the Department of Consumer Affairs.

Dated: _-..::::....r~j'-2..--:..~~/--=-!_D___ Respectfully Submitted,

EDMUND G. BROWN JR. Attorney General of California GLORIA A. BARRlOS Supervising Deputy Attorney General

M. TRAVIS PEERY Deputy Attorney General

. Attorneys for Complainant


Exhibit A

Accusation No. 3664

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EDMUND G. BROWN JR. Attorney General of California GLORIA A. BARRIOS Supervising Deputy Attorney General· M. TRAVIS PEERY Deputy Attorney General State Bar No. 261887

300 So. Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-0962 Facsimile: (213) 897-2804

Attorneys for Complainant

BEFORETHE BOARD OF PHARMACY

DEP ARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA



Pharmacy Technician Registration No. TCH 12265

Respondent.

Case No. 3664

ACCUSATION

Complainant alleges:

PARTIES

1. Virginia. Herold (Complainant) brings this Accusation solely in her official capacity

as the Executive Officer of the Board of Pharmacy, Department of Consumer Affairs.

2. On or about March 18,1994, the Board of Pharmacy issued Pharmacy Teclmician

Registration Number TCH 12265 to Priscilla Reese (Respondent). The Pharmacy Technician

Registration was in full force and. effect at all times relevant to the charges brought herein and

will expire on June 30, 2011, unless renewed.

Accusation

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JURISDICTION

3. This Accusation is brought before the Board of Pharmacy (Board), Department of

Consumer Affairs, under the authority of the following laws. All section references are to the

Business and Professions Code unless otherwise indicated.

STATUTORY PROVISIONS

4. Section 118, subdivision (b) provides, in peliinent p8.1i, that the expiration of a license

shall not deprive the Board jurisdiction to proceed with a disciplinary action during the period

within which the license may be renewed, restored, reissued or reinstated.

5. Section 490 states, in pertinent pali:

"(a) In addition to anY,other action that a board is permitted to take against a licensee, a

board may suspend or revoke a license on the ground that the licensee has been convicted of a

crime, if the crime is substantially related to the qualific"ations, functions, or duties of the business

or profession for which the license was issued.

"(b) Notwithstanding any other provision oflaw, a board may exercise any authority to

discipline a licensee for .conviction of a crime that is independent of the authority gr8.11ted under

subdivision (a) only if the crime is substantially related to the qualifications, functions, or duties

of the business or profession for which the licensee's license was issued.

"(c) A conviction within the meaning of this section me8.11S a plea or verdict of guilty or a

conviction following a plea of nolo contendere. Any actiGn that a board is permitted to take

following the establishment of a conviction may be taken when the time for appeal has elapsed, or

the judgment of conviction has been affirmed on appeal, or when an order granting probation is

made suspending the imposition of sentence, irrespective of a subsequent order under the

provisions of Section 1203.4 of the Penal Code."

6. . Section 4300 provides, in peliinent part, that every license issued by the Board is

subj ect to discipline, including suspension or revocation.

III

III

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Accusation

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7. Section 4301 states, in pertinent part:

"The board shall take action against any holder of a license who is guilty of unprofessional

conduct or whose license has been procured by fraud or misrepresentation or issued by mistake.

Unprofessional conduct shall include, but is not limited to, any of the following:

"(h) The administering to oneself, of any controlled substance, or the use of any dangerous

drug or of alcoholic beverages to the extent or in a manner as to be dangerous or injurious to

oneself, to a person holding.a license under this chapter, or to any other person or the public, or to

the extent that the use impairs the ability of the person to conduct with safety to the public the

practice authorized by the license.

"(1) The conviction of a crime substantially related to the qualifications, functions, and

duties of a licensee .under this chapter. The record of conviction of a violation of Chapter 13

(commencing with Section 801) of Title 21 of the United States Code regulating controlled

substances or of a violation of the statutes of this state regulating controlled substances or

dangerous drugs shall be conclusive evidence of unprofessional conduct. In all other cases, the

record of conviction shall be conclusive evidence only of the fact that the conviction occuned.

The board may inquire into the circumstances surrounding the commission of the crime, in order

to fix the degree of discipline or, in the case of a conviction not involving controlled substances

or dangerous drugs, to determine if the conviction is of an offense substantially related to the

qualifications, functions, and duties of a licensee under this chapter. A plea or verdict of guilty or

a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning

of this provision. The board may take action when the time for appeal has elapsed, or the

judgment of conviction has been affirmed on appeal or when an order granting probation is made

suspending the imposition of sentence, irrespective of a subsequent order under S.ection 1203.4 of

the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not

guilty, or setting aside the verdict of guilty, or dismissing the accusation,information, or

indictment."

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REGULATORY PROVISIONS

8. California Co~e of Regulations, title 16, section 1770, states, in pertinent part:

"For the purpose of denial, suspension, or revocation of a personal or facility license

pursuant to Division 1.5 (commencing with Section 475) of the Business and Professions Code, a

crime or act shall be considered substantially related to the qualifications, flU1ctions or duties of a

licensee or registrant if to a substantial degree it evidences present or potential unfitness of a

licensee or registrant to perform the functions authorized by his license or registration in a manner

consistent with the public health, safety, or welfare."

COST RECOVERY

" 9. Section 125.3 provides, ~n pertinent part, that the Board may request the

administrative law judge to direct a licentiate found to have committed a violation or violations of

the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

enforcement of the case.

FIRST CAUSE FOR DISCIPLINE

(Convictions of Substantially Related Crimes)

10. Respondent is subject to disciplinary action under section 4301, subdivision (1) and

section 490, in conjunction with California Code of Regulations, title 16, section 1770, in that,

Respondent was convicted of crimes substantially related to the qualifications, nU1ctions or duties

of a pharmacy technician.

a. On or abouUune 24,2009, after pleading nolo contendere, Respondent was convicted

of one misdemeanor count of violating Vehicle Code section 23152, subdivision (b) [driving with

a blood-alcohol content greater than 0.08 percent] in the criminal pToceeding entitled The People

" a/the State ofCalifornia v. Priscilla Reese (Super. Ct. Los Angeles County, 2009, No.

9SY05632). The defendant admitted in court to a prior DUI conviction in violation of Vehicle

Code section 23152, subdivision (b), on or about November 11, 2006 in the Inglewood

Courthouse Judicial District under case number 604353. Respondent was placed on3 years

probation and ordered to successfully complete an I8-month licensed second-offender alcohol

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and other drug education and counseling program. Respondent was also ordered to complete

M.A.D.D. and Morgue programs and pay a fIne of $1746.00.

b. The underlying circumstances surrounding the conviction occurred on or about June

23,2009, when Respondent was invo~ved in a traffic collision. Officers of the Torrance Police

Department responded to the scene of the accident and arrested Respondent after observing

objective signs of intoxication including bloodshot and watery eyes, slurred speech, and the odor

of an alcoholic beverage emitting from her breath: Respondent also admitted that she had one

shot oftequila earlier in the evening. Additionally, Respondent registered a .21 percent blood

alcohol content by weight when given breathalyzer tests at the Torrance Police Department.

SECOND CAUSE FOR DISCIPLINE

(Dangerous Use of Alcohol)

11. Respondent is subject to disciplinary action under section 4301, subdivision (h), in .

that Respondent used alcohol in a manner dangerous to herself or others. Complainant refers to, .

and by this reference incorporates, the allegations set forth above in paragraph 10, subparagraphs

a and b, as though set forth fully.

PRAYER

WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

and that following the hearing, the Board of Pharmacy issue a decision:

1. Revoking or suspending Pharmacy Technician Registration Number TCH12265,

issued to Priscilla Reese;

2. Ordering Priscilla Reese to pay the Board of Pharmacy the reasonable costs of the

investigation and enforcement ofthis case, pursuant to Bu.siness and Professions Code section

125.3; and

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LA2010501624 60S33252.doc

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3. Taking such other and further action as deemed necessary and proper.

Exec .' e Officer Board of Pharmacy Department of Consumer Affairs State of California Complainant

a · gloria a. barrios supervising deputy ... integrated writing representing the complete, final,...

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